http://www.expertlaw.com/forums/ The law governing issuance and interpretation of insurance policies, and how to make insurance claims. en Tue, 21 May 2013 21:24:20 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158674&goto=newpost Mon, 20 May 2013 10:40:01 GMT I have an HSA I have not contributed to in 11 months since I changed companies. It has roughly $900 left in it. Open-enrollment for our new plan,... I have an HSA I have not contributed to in 11 months since I changed companies. It has roughly $900 left in it. Open-enrollment for our new plan, which includes the ability to open an FSA, begins in June. Can I open and contribute to an FSA while paying medical bills with the remainder of my HSA balance before closing it out?

Thanks. ]]> Insurance Law Andrew Martin http://www.expertlaw.com/forums/showthread.php?t=158674 http://www.expertlaw.com/forums/showthread.php?t=158598&goto=newpost Sat, 18 May 2013 17:08:37 GMT Hopefully someone can give me some advise on this one and from a legal stand point or SALE OF GOODS ACT perspective. My wife took out car... Hopefully someone can give me some advise on this one and from a legal stand point or SALE OF GOODS ACT perspective.

My wife took out car insurance in 2011 and was quoted a price and we paid. 9 months after the contract was taken out we got a letter form them saying "we made a mistake and we should have charged you more" The amount was £45. My wife has worked for insurance companies in the past and in her experience the company would not chase for more money after the price was set.

£45 isnt a problem for us to pay but its more about the principle. We are still getting letters and emails form them wanting us to pay up and the latest stating they will pursue by "Passing to a debt recovery agency". This is now why I am post here for any advice someone can give based on knowledge of SALE OF GOODS ACT etc. If this is going to get messy for £45 we will just pay up but wanted to know if anyone has any pearls of wisdom.

Thanks for any advise

MS ]]> Insurance Law mart099 http://www.expertlaw.com/forums/showthread.php?t=158598 http://www.expertlaw.com/forums/showthread.php?t=158565&goto=newpost Fri, 17 May 2013 21:24:35 GMT My question involves an injury that occurred in the state of: nj

What happens when a rental 'red' car being driven by someone not on the contract (person on contract in passenger seat) is rear-ended by an insured 'blue' car? Red car stopped at a red light, and blue car hits red car from behind.

Police report has been filed as such. Will insurance of the blue car pay for repairs to the red car? Can the driver and passenger of the red car sue the driver of the blue car (loss of consortium) for e.g. whiplash? Who would be responsible for cost associated with injury? Can the driver of the blue car say that he/she is not liable for any damages because the driver of the red car was not on the rental car contract? Will police take action against driver of red car for driving while not being properly insured?

Advice needed. Thanks! ]]> Insurance Law kakashi http://www.expertlaw.com/forums/showthread.php?t=158565 http://www.expertlaw.com/forums/showthread.php?t=158522&goto=newpost Thu, 16 May 2013 21:00:38 GMT I live in TN. but work MS. I'm on FMLA and STD for the full term 12weeks for a herinated C5-C6. My primary physican filled out all the paper work. I been out since April 17,2013 and haven't been paid from STD yet. I got a C4-C5 nerve block Tuesday the 14 of May and my pain is starting to come back. I only have 8weeks left of STD. If I go one day pass the 12 weeks i'm automactically fired. How long does it usually take to get paid from STD? ]]> Insurance Law ImTiredOfDPainGuy http://www.expertlaw.com/forums/showthread.php?t=158522 http://www.expertlaw.com/forums/showthread.php?t=158427&goto=newpost Tue, 14 May 2013 20:38:32 GMT My question involves insurance law for the state of: Florida My sister has been driving my car lately and she was hit in a parking lot today. Not... My question involves insurance law for the state of: Florida

My sister has been driving my car lately and she was hit in a parking lot today. Not her fault. She has auto insurance and so does he but I just went to look at my policy and mine has lapsed and been canceled. His car had no damage but mine did. Since he's at fault does it matter that I am uninsured? My sister said she filed a claim so there is a claim on my policy for the car (at the time we didnt realize my policy wasnt in effect) and her policy for her (the driver) but his ins will cover it since he is at fault. Our policies should not be affected, correct?

Also, obviously when she called Geico to file a claim on hers AND MINE they didn't know/see/realize that I currently have no policy! Should she call them back and somehow un-claim on my insurance (is that fraud??) or will they just realize mine lapsed and not care because his insurance is the one paying for the damage?

Thank you so much. This is a unique situation I've had trouble finding an answer! ]]> Insurance Law SmichelleO http://www.expertlaw.com/forums/showthread.php?t=158427 http://www.expertlaw.com/forums/showthread.php?t=158416&goto=newpost Tue, 14 May 2013 15:41:41 GMT We were in a car accident in February this year and that was not my fault. We filed the accident claim under our insurance company. With regard to... We were in a car accident in February this year and that was not my fault. We filed the accident claim under our insurance company. With regard to the damage cost to our vehicle according to our insurance company the estimate for the repair is around $9000. The cost of damaged vehicle is around $15,000. Thus they have declared it to be “total loss”. We want to keep the car and want to prevent it from being salvaged. The insurance company estimated the salvage quote of $8,317.00. This looks quite high. It seems that buying back your own car is high. We just came to know that the driver at fault does not have his insurance. However, our insurance company does not know this yet as they are still investigating. Thus they are asking us to pay $1000 deductible. we are asking for repair cost but they are not agreeing. they are saying it is non-negotiable.

Please advise what we should do. do we have no choice with salvage title. Should we go to small claim court to ask them to pay for all the repair costs as they have estimated but they do not want to pay? Should we go to court system by hiring a lawyer? ]]> Insurance Law agarwalnilu http://www.expertlaw.com/forums/showthread.php?t=158416 http://www.expertlaw.com/forums/showthread.php?t=158252&goto=newpost Fri, 10 May 2013 06:42:05 GMT My question involves insurance law for the state of: Utah My wife was in a Minor accident. We had more damage then the other car did (which I... My question involves insurance law for the state of: Utah

My wife was in a Minor accident. We had more damage then the other car did (which I assume makes no difference). Now she was not insured at the time (now she is, which i know doesn't help the cause now). Anyways there was police there and they didn't give either of us a ticket, but the lady that was at fault and that's what the officer wrote down. I know that if I call my insurance to post a claim that it would be insurance fraud. I'm young and did something immature and stupid by not having this done long ago. I need to know whats going to happen to her. I am very worried for her and us. What can I do to try to cover our butts more. ]]> Insurance Law Aewonderful http://www.expertlaw.com/forums/showthread.php?t=158252 http://www.expertlaw.com/forums/showthread.php?t=158129&goto=newpost Tue, 07 May 2013 08:54:14 GMT My question involves an injury that occurred in the state of: California My car was rear ended my a texting teenager going about 40mph at a... My question involves an injury that occurred in the state of: California


My car was rear ended my a texting teenager going about 40mph at a cross walk yesterday on my way to Church. My Car is a 2012 Ford Edge with only 13000. The Young man that hit me admitted that he was at fault for the accident but now I need some legal advice to properly and fairly deal with the insurance adjuster to skip getting my car fixed cause the lose of value. I never had a used or salvaged car that was painted and/or fix and just thought makes me really nervous. The lose of value from having my car fix would result in me losing thousands of dollars if I decide to trade in car in for another new car as planned because a good inspector will check to see if a car has been painted. Should I go ahead an hire an attorney?

What would be a reasonable amount of money or incentives I should request of the insurance adjuster to settle my claim without going to court to let a jury decide? I simply need some good advice that would help me get another new car. Also, could I request money for loss of mobility, diminished quality of life, future medical expenses, emotional issues and many of my other losses I sustained as a result of someone else’s wrongdoing! Please help. Thanks for any help. ]]> Insurance Law yohance http://www.expertlaw.com/forums/showthread.php?t=158129 http://www.expertlaw.com/forums/showthread.php?t=157963&goto=newpost Wed, 01 May 2013 20:16:29 GMT My question involves insurance law for the state of: Texas


I was in an accident in March 2013 and it was the other driver's fault. Their insurance has accepted liability and my car was fixed. However, the insurance company is offering less than half of the amount we were told the car actually lost in value. I was thinking about taking the driver to small claims court but have never done that before. So I just had a few questions for anyone familiar with the process.

1) If I win, can I collect the court costs I have to pay from the other driver (or their insurance company)?
2) I do not believe I have the driver's address. Would the other driver's insurance have to give me that information? If not, how else can I obtain this information so I can have him/her served with court papers?
3) If I had to pay to get a diminished value report, is this something I can be reimbursed for from the at fault driver's insurance company?


Thanks. ]]> Insurance Law bayside0219 http://www.expertlaw.com/forums/showthread.php?t=157963 http://www.expertlaw.com/forums/showthread.php?t=157903&goto=newpost Tue, 30 Apr 2013 15:15:11 GMT My question involves an injury that occurred in the state of: SC

Hey all,

I'm writing my demand letter and basically, in SC, the limit is 25/50. My wife and I were being driven by my friend. Anyhow, a lady T-Boned us but her limit is 25/50. We are writing a demand letter of 20k for my wife and 45k for me. My buddy's under insured is 300k. If you all could give me advice on how to write the letter and how to pursue this, I would appreciate it a ton!

Thanks! ]]> Insurance Law 1sushimaster http://www.expertlaw.com/forums/showthread.php?t=157903 http://www.expertlaw.com/forums/showthread.php?t=157852&goto=newpost Mon, 29 Apr 2013 15:06:12 GMT My question involves insurance law for the state of: OHIO Okay, I have a bad driving record. I have a Named Operator Policy (liability insurance)... My question involves insurance law for the state of: OHIO

Okay, I have a bad driving record. I have a Named Operator Policy (liability insurance) and I have been driving my parents vehicles (who have their own policy) since I totaled mine (but drove them before too but always had separate policies). We live in the same home.

Am I and the vehicles covered when I am driving their cars?

I am buying another car but we were thinking of having it registered and insured under my parents and I just keep my liability policy. So this would be the same scenario as above. ]]> Insurance Law mrcdebenz7 http://www.expertlaw.com/forums/showthread.php?t=157852 http://www.expertlaw.com/forums/showthread.php?t=157619&goto=newpost Tue, 23 Apr 2013 01:18:03 GMT My question involves an injury that occurred in the state of: California My car was totaled in September 2012 and i just recently received the... My question involves an injury that occurred in the state of: California
My car was totaled in September 2012 and i just recently received the polive report. The other driver has no insurance. There was a police car right behind me and saw the whole thing and i have there written statements. My question is where do i go from here now, i have been to many lawyers for questions but unfortunately no one has replied. please help. ]]> Insurance Law andy501 http://www.expertlaw.com/forums/showthread.php?t=157619